A Power Horizontal. The Public–Private Enforcement of Judicial Decisions in Russia

Based on fieldwork done in Ekaterinburg, this article deals with the enforcement of legal decisions about economic disputes in the late 2000s in Russia. As state employees, bailiffs are responsible for the implementation of court decisions but their efficiency depends on the cases they deal with. In the most successful cases, they are backed by private enforcers, hired by the claimant and often coming from the law enforcement agencies. This common work reflects an informal public–private partnership from below in which bailiffs and private enforcers co-execute judicial decisions. Such autonomous public–private power configurations at local level challenge the governmental claim to build a ‘power vertical’ in Russia from the top.     

POLICY AND ADMINISTRATION: ONE MORE TIME IN THE FRYING PAN

As an academic discipline, public administration has reached yet another fork in its evolutionary road. Earlier milestones have posed choices during the discipline's unfolding. In this century emphases have shifted in turn from civil service reform to scientific management, then to human relations and decision making. As the century closes, the discipline acknowledges some intellectual debt to each of these foci. The traditional debate about what kinds of ties suffuse policy/politics and administration now reflects a new uncertainty—the meaning of administration itself. Is there anything analogous among the public, private, and not-for-profit contexts in which administration transpires? Are there substantive or procedural considerations within these various contexts of policy making that influence, and in turn are influenced by, administrative participation in the policy process? If so, what is the nature of such influence, and what are its consequences?     

The Education Gap of China’s Migrant Children and Rural Counterparts

Rural residents in China today face at least two key decisions: a) where to live and work; and b) where to send their children to school. In this paper we study the second decision: should a rural parent send their child to a public rural school or have him or her attend a private migrant school in the city. While there is an existing literature on the impact of this decision on student academic performance, one of the main shortcomings of current studies is that the data that are used to analyse this issue are not fully comparable. To fill the gap, we collected data on the educational performance of both migrant students who were born in and come from specific source communities (prefecture) in rural China and students who are in rural public schools in the same source communities. Specifically, the dataset facilitates our effort to measure and identity the academic gap between the students in private migrant schools in Shanghai and Suzhou and those in the public rural schools in Anhui. We also seek to identify different sources of the gap, including selection effects and observable school quality effects. According to the results of the analysis, there is a large gap. Students in public rural schools outperform students in private migrant schools by more than one standard deviation (SD). We found that selection effects only account for a small part of this gap. Both school facility effects and teacher effects explain the achievement gap of the students from the two types of schools, although these effects occur in opposite directions.     

A GENDER ANALYSIS OF WOMEN IN PUBLIC–PRIVATE–VOLUNTARY SECTOR ‘PARTNERSHIPS’

The nature of work and traditional notions of the public sector have been changing with increasing collaborative governance and delivery of public services among public, private and voluntary sector organizations. In the UK, governments at national and devolved levels of government have adopted collaborative governance for service delivery through various networks and partnerships. This article explores collaborative governance from a gender perspective, specifically the perceptions of women in public–private–voluntary sector partnerships. While previous research in this area has explored aspects of collaborative governance such as power, trust, accountability, decision‐making, performance, exchange of information and participation, there is very little research on women within these networks. The article therefore provides a gendered analysis, disaggregating survey data to better understand the dynamics, for women, of collaborative governance and partnerships among public, private and voluntary sector organizations.     

ADMINISTRATIVE LAW AND JUDICIAL REVIEW – THE PRACTICAL EFFECTS QF DEVELOPMENTS OVER THE LAST 25 YEARS ON ADMINISTRATION IN CENTRAL GOVERNMENT

The writer of this article served in the legal civil service from 1951–1984, mainly in the Board of Trade and its successor departments but from 1980–1984 as Treasury Solicitor. The article reflects his personal views based on this experience. Its theme is that, although access to the courts has been made easier for the citizen aggrieved by an administrative decision, and court procedure has been greatly improved, the course of administration has been less dramatically affected – in fact little, if at all, by some important earlier cases. Nevertheless the spirit of administrative law is now becoming more widely diffused, the areas which are not subject to review are becoming less and a number of specific doctrines have been developed which affect administration. The following are particularly emphasized: (1) the courts’restrictive view of the ‘Wednesbury’ doctrine and their tendency to find other grounds to overide decisions which they find objectionable or unreasonable – a tendency which causes real administrative difficulty; (2) the recently enunciated doctrine of legitimate expectation whose limits are uncertain but which may have considerable effect on administration in future; and (3) the requirement that a person affected by a policy should be given an opportunity to show that he is a special case. Finally the writer has to emphasize that his personal experience ended in August 1984 when he retired. In a large organization such as the civil service a change of ethos is slow. He is assured by some, particularly Mr John Bailey cb , his successor as Treasury Solicitor, who has read this article in draft, that he understates the degree to which concepts of administrative law are infusing the whole spirit of administration, and even more directly, the short-term effects in individual departments such as the Department of the Environment which has been the subject of long-running campaigns directed by other bodies against it through the courts.     

TOWARDS A BETTER PUBLIC LAW?

In the UK Constitution, the major weapon of judicial control over the exercise of governmental power is provided by the action for judicial review. This action serves to keep public bodies within the scope of the powers conferred on them by law. Prior to the present Law Commission inquiry into procedural aspects of judicial review, the matter was last examined in 1977 since when there have been significant changes in the ways in which governmental power is exercised and controlled. This article takes as its focus the Law Commission's Report No.226 Judicial Review and Statutory Appeals and examines specific proposals contained therein arguing that, underlying the reforms, there exists no coherent vision of the future role of public law. Instead, what is revealed is a confused cocktail of measures in which the tension between the legitimate needs of public administration and the opposing requirement that government act according to law remains unacknowledged and thereby unresolved. There is, moreover, a disappointing failure to evaluate the experience of public law procedures found in other jurisdictions. In response to these perceived deficiencies, the authors set out an alternative and principled account of judicial review, the central feature of which is to ensure that public power is subjected to an appropriate degree of judicial scrutiny. This alternative account is later used to inform arguments about specific reforms. In this regard, the valuable experience of other jurisdictions'public law procedures is also drawn upon.     

PUBLIC AND PRIVATE SECTOR MANAGERS OVER 20 YEARS: A TEST OF THE ‘CONVERGENCE THESIS’

This paper sets out to test the ‘convergence thesis’ in respect of managers in the public and private sectors in Britain. New Public Management (NPM) initiatives have had the objective of making managerial behaviour in public sector organizations more similar to that in the private sector. Based on unique national surveys undertaken in 1980, 1990 and 2000, using quite large random samples of fellows and members of the Chartered Management Institute (CMI), comparisons are made to investigate whether ‘convergence’ between public and private sector managers has actually occurred. The patterns are found to be complex and, although there are some signs of convergence, the two sectors continue to exhibit similarities, persistent differences and parallel movements evident in managerial attitudes, behaviour and experiences.     

Reconciling Privacy and Access Interests in E-Government

Abstract

Privacy is both the most often cited and the least understood rationale for information policy aimed at protecting the disclosure of governmental information. The use of privacy as a means of limiting governmental information sharing has expanded rapidly in recent years, as a variety of interests—all seemingly concerned with informational privacy—have emerged in the policy making arena. Governments increasingly turning to e-government solutions must confront privacy issues while maintaining access to governmental information.

One of the most contentious privacy–access issues concerns the digitization of court records. Historically open to the public in paper form with limited exceptions, electronic court filings raise novel privacy issues unimagined by keepers of paper-based records systems. This paper looks at the rules that a number of municipal and state governments have adopted in order to move court records online. It examines the new court rules in light of the origins of informational privacy law, offering an avenue for comparing modern conceptualizations of data privacy with the legal principles created in seminal privacy decisions related to informational privacy. Using the rules themselves, the paper explores the dominant strands of privacy doctrine, illustrating the divide between privacy law and privacy policy regarding data protection statutes, freedom of information law exemptions, and other data controls.     

Scientific Research on the Efficiency of Public Expenditures: How and Where is it Going?

ABSTRACT

Recent scientific research has advanced the measurement of the relative performance of organizations and the efficiency of public spending, based on analyzes of the services offered and results achieved. However, from the methodological point of view, there are several methods to analyze the performance and efficiency of spending in the private and public sectors. In this sense, the present study performs a systematic bibliometric review to analyze all scientific publications on the efficiency of public spending published in the last 20 years. The results show that most cost-efficiency analyzes have been limited to education and health expenditures and have used quantitative analysis, mainly through the application of data-involution analysis. The present review is a first step in mapping scientific publications on efficiency in public spending, which will support researchers and managers to make public spending more efficient.     

The emergence of policy implementation analysis: The Wyatt v. Stickney decision

In recent years scholars have devoted substantial attention to the “implementation” phase of the policy-making process. Analytical efforts have focused on the identification of variable sets as they are associated with the outcomes of public policies and programs. This article will discuss these program implementation conceptualizations within the context of a landmark court decision. This court decision, Wyatt v. Stickney, impacted to a profound degree the lives of residents in institutions for the mentally retarded. Finally, based on the analysis of this case, the authors cite limitations and propose future directions for social policy implementation analysis as a scholarly emphasis.     

Planning, Performance And Public Services

The policies of the Labour government in the UK place renewed emphasis on rational planning in the public sector. The government’s assumption is that this approach to decision making will lead to improvements in performance. Although the theoretical costs and benefits of rational planning have been widely debated in the public administration literature, no systematic empirical research on the impact of planning on the performance of public organizations has been conducted. By contrast, the relationship between rational planning and the success of private firms has been investigated extensively. A meta‐analysis and critical review of this evidence suggests that planning is generally associated with superior performance. However, important questions remain unresolved. For example, under what circumstances does planning work best, and which elements of planning are most important? Therefore, although it may be appropriate to encourage public agencies to consider carefully the potential benefits of planning, rational processes should not be imposed upon them.     

Municipal Socialism Then and Now: some lessons for the Global South

Given the large and growing literature opposed to the privatisation of services such as water and electricity, it is peculiar that so little has been written about the experience of ‘municipal socialism’—a set of roughly analogous historical movements that used local governments to challenge private service delivery and advance ‘socialist’ agendas from the late 1800s to the 1940s. Although primarily a European and American phenomenon, and emerging from different contexts than those prevailing today, municipal socialism found widespread support and transformed many public services. Results were mixed, with some experiments being little more than (pre)Keynesian attempts to revitalise capital accumulation in the face of ‘irrational’ private sector services, but the lessons are important as these experiments provided the first intellectually and politically sustained resistance to privatisation and other prototypical forms of what we now call neoliberalism, and demonstrated the possibility of effective service delivery by the public sector. This paper reviews these experiments, focusing on the experience of the United Kingdom and drawing lessons for contemporary efforts to build alternatives to privatisation in cities in the South, where local-level, socialist-oriented reforms have been relatively strong.     

Conclusion: Is competency management a passing fad?

Is competency management a passing fad; is it a catch‐all term to cover diverse national patterns of development or a symptom of wider changes within bureaucracies? As the papers published here suggest, it is more likely to be a passing fad in Europe than the USA. Competency management addresses rather different agendas in different countries and while it does not embrace as diverse a collection of activities as ‘new public management’, there is substantial range in the issues it does address. European experience suggests competency is more likely to be ephemeral and concerned with repackaging rather than bringing something substantially new to personnel management in the upper reaches of civil services. Without taking too rosy a view of US experience, there may be a stronger case for arguing that contemporary competency management approaches there have brought something new to a longer standing debate in public and private management.     

Globalization and Prison Privatization: Why Are Most of the World's For-Profit Adult Prisons to Be Found in the American South?

For a generation, students of comparative public policy and international politics have argued that global market discipline and the increasing mobility of international "best practices" have given rise to policy convergence at the global level. This paper uses the American case to investigate some of the forces thought to have given rise to the spread of private prisons. It finds that while there are prisons in a number of countries, the evidence of convergence is thin and seems to suggest that the core of the prison privatization is in the American South. It then examines several theories—the political economy of the prison boom and overcrowding, globalization theory, the politics of the new right and the idea of a "prison-industrial complex"—that have been used to explain prison privatization and the extent to which they are consistent with the empirical pattern. Each takes us some way to understanding that pattern, but none can provide a clear theoretical mapping.     

Intersectoral Police Collaboration: An Exploratory View from the States

Modern policing in the United States is best conceived as a joint undertaking between public and private sectors. Over the last several decades there has been a gradual movement away from monopolistic state provision of police services toward a greater reliance on the private sector for protection and security. While the current activities of public and private police are well chronicled in the research literature, little is actually known about the coordination of policing activities across sectors. The purpose of this article is to describe the range of public-private police partnerships that have developed recently in the United States.     

PUBLIC SECTOR PAY BARGAINING: COMPARABILITY, DECENTRALIZATION AND CONTROL

Public sector pay, as a key component of public expenditure, has been a major issue for government since the mid-1970s. This article analyses public services pay bargaining since 1979 and examines the continuing tension between the control of public sector pay levels on the one hand and the wish to make pay levels more responsive to external market forces on the other.
The article concentrates on the changes in pay bargaining in the public services. It does not purport to provide a detailed economic analysis of the outcomes of the various phases in public sector pay policy, but does attempt to explain the process implications of the political contingencies and rationale driving government policy on pay determination. In particular it notes the resilience of national pay-setting arrangements and pay comparability throughout most of the period under review, despite the political rhetoric, emphasizing the pragmatism of government policy. The latter section of the article reviews the current policy, with its emphasis on decentralized pay determination, and considers these new developments within the context of private sector collective bargaining theory.
The evidence from the private sector suggests that pay determination in the private sector is complex and that levels of bargaining relate to various factors. Decentralization is neither a panacea for poor performance nor necessarily problem free. Devolved pay determination can lead to problems of control over costs and, in the context of high levels of trade union organization, to pay'leapfrogging'. The article concludes that there is a continuing contradiction between the role of the government as an employer, keen to devolve pay decisions to local level, and that of economic regulator with responsibility for the wider economy. This continuing tension indicates that decentralized pay bargaining in the public sector will be limited in its scope by some form of central government control.     

Taking Stock of Drug Courts: Do They Work?

ABSTRACT

Although researchers, policymakers, and practitioners alike have long known about the established link between substance abuse and criminal behavior, criminal justice agencies in the United States are still tasked with managing an influx of individuals who display symptoms of abuse and dependence. By the late 1980s, the drug court model emerged as an innovative response to this problem, and this reform has since proliferated to such an extent that it is the most common type of problem-solving court in America. Still, there remains much variation in how drug courts are implemented across jurisdictions, which can have strong implications for the outcomes among the courts’ participants. In this review, we summarize the key research on drug court implementation, followed by an assessment of whether they can be said to “work” in terms of reducing criminal behavior and relapse among adults. We conclude that the model remains an evidence-based practice and suggest some directions for future work, including increased emphasis on theory and causal dynamics and key measurement issues.     

AUSTRALIAN ADMINISTRATIVE LAW: INSTITUTIONS, REFORMS AND IMPACT

Over the last decade the Australian Government has enacted a package of legislative reforms dealing with administrative law, some aspects of which are radical and innovative. The reforms comprise the establishment of a general appeals tribunal to review certain administrative decisions on their merits, the appointment of a Commonwealth ombudsman, changes to the procedures and principles concerning judicial review of administrative action, the enactment of freedom of information legislation and the creation of an advisory body to monitor the new system of administrative law. The key features of these reforms are described in this article and some general observations are also made on the impact that the reforms have had on federal public administration.     

PUBLIC LAW

Traditionally, both the academic study and the practice of UK public administration have drawn very little inspiration from the discipline of public law. In contrast to most other European countries, in which public services are subject to extensive administrative-legal codes, and in which administrative disputes fall under the jurisdiction of separate and specialized administrative courts, UK administrative law remains – recent reforms notwithstanding – significantly undeveloped. There is a marked contrast also with the United States, where the founding scholars of the discipline of public administration saw it as being firmly rooted in public law. There is no codified British constitution and no counterpart of the US Supreme Court; and there is no British counterpart of the US Administrative Procedure Act 1946. However, there are three factors which underline the urgent need in the UK for greater collaboration and convergence between the disciplines of public law and public administration: first, the accumulation in recent years of a substantial body of research-based, academic literature on public law, which provides important insights into the changing landscape of UK public administration; secondly, the continuing development of machinery for the redress of citizens’grievances against the state – in particular, the substantial growth of judicial review proceedings and the development of ombudsman systems; thirdly, the continuing transformation of the agenda of UK law and politics by developments in the European Union.     

Water Privatization in Spain

Abstract

Water management in Spain is submitted to a non‐uniform geographical and seasonal distribution of water resources. The non‐uniform distribution of resources is worsened by the non‐uniform allocation of demand (mainly irrigation and urban). Because that, water supply, aquifers, and wetlands are driven to a high risk. Even though, there are examples of good water management, as is shown for the private industrial productivity of used water. Spain has a very long tradition in public water management (first water law in 1879) at different levels from ministry to municipalities, including users communities. A lot of these organisations are anchored in very old ways of doing, given private sector the opportunity to enter and grow up. A survey about it is presented. In the management of urban water, there are different organisations involved: central administration; autonomic, regional and metropolitan authorities; urban water suppliers and the sanitation authority. The recently approved changes in the former Spanish Water Law, limiting water rights and introducing water market, the new and expected Hydrological National Plan and the European Framework Directive, reinforce the opportunities of the private sector to enter, giving financial resources, technological advances and quick answers to new social concepts in water managerial procedures. We can observe how the Spanish administration uses private water suppliers' front desks to collect taxes and to supply capital to invest in infrastructures and water technology. The question that needs to be addressed is the nature and the impact of the privatisation process in Spain. The unrealistic water urban services price in Spain has been studied and it is presented and evaluated by regions, presenting a deficit to be covered in the future and been a significant gross value of the future business, which invite private sector to participate in. To give a general scope over the evolution of the roll played by the private and public sector, the case of Catalonia, the more evolved autonomous region of Spain in water management, is presented as an example of the future for the rest of the country.